Journal Article

The Request for an Arrest Warrant in <i>Al Bashir</i>

Christopher Gosnell

in Journal of International Criminal Justice

Volume 6, issue 5, pages 841-851
Published in print November 2008 | ISSN: 1478-1387
Published online January 2009 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqn072
The Request for an Arrest Warrant in Al Bashir

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The decision to seek President Al Bashir's arrest, assuming that the evidence substantiates the request, can be viewed as part of a longer term pragmatic strategy. By going public, rather than obtaining a sealed warrant, the ICC Prosecutor ensured that Al Bashir would only be surrendered on a voluntary basis. The arrest warrant can be soft-pedaled or used as a bargaining chip by political actors until such time as the moment is propitious for his surrender. The author argues that, in the meantime, the Prosecutor should immediately seek as many sealed arrest warrants as possible of lower level perpetrators, with the aim of bringing one or more of them into custody and starting judicial proceedings related to crimes in Darfur as soon as possible. Public judicial proceedings are essential to enhancing the credibility of the ICC in general, and the charges against Al Bashir in particular.

Journal Article.  4968 words. 

Subjects: Criminal Law ; International Law

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